Concealed Carry Handgun Policy

On January 23, 2017, the VC Board of Trustees approved the Institutional Policy on Handguns in accordance with Texas Government Code Section 411.2031 (d-1). The policy became effective August 1, 2017.

Policy Statement
A license holder may carry a concealed handgun, as defined by Texas Government Code Chapter 411, on the campus and premises of Victoria College unless prohibited by state or federal law, or this policy.

Reason for Policy
This policy is required by Texas Government Code Section 411.2031 (d-1).

Definitions

License Holder: a person authorized to carry a handgun pursuant to Texas Government Code Chapter 411.

Assigned Work Space: an office or workspace assigned solely for the use of the employee.

Campus: all land and buildings owned or leased by Victoria College, including but not limited to:

For purposes of this policy, the Victoria College campus and premises does not include locations where Victoria College may sponsor classes or activities but which are not owned or leased by Victoria College, including but not limited to:

Premises: a building or portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Provisions
The president of the college established this policy after consulting with Victoria College students, staff and faculty about the nature of the student population, specific safety considerations, and the uniqueness of the campus environments, as required by Texas Government Code Section 411.2031 (d- 1).

1.This policy was reviewed by the Board of Trustees as required by Texas Government Code Section 411-2031 (d-1).

A license holder under Chapter 411 Texas Government Code may carry a concealed handgun on or about the license holder’s person while the license holder is on the campus of premises of Victoria College, unless prohibited by state or federal law, or this policy. Employees who are license holders are permitted to store a handgun in their assigned work space as long as the gun is secured and concealed.

A license holder is prohibited from carrying a handgun in the following premises:
• Any premises that would be prohibited under state or federal law
• Premises in which a disciplinary investigation, hearing, or appeal for academic or non-academic misconduct is taking place and is being conducted by a Vice President or their designee, or by the Dean of Student Services, or by the Discipline Committee as defined in the Victoria College Student Handbook, provided effective notice is provided under Section 30.06, Texas Penal Code.
• Any premises where the college, as directed or approved by the president of the college as necessary for campus safety, gives effective notice on a temporary basis.

The open carrying of handguns is prohibited everywhere on campus, with the exception of licensed peace officers.

Third-parties that rent or lease a premise from Victoria College may determine if and under what circumstances a person is permitted to carry a handgun. If a lessee places restrictions on the right to carry a handgun on the leased premises, the lessee must provide effective notice under Section 36.06, Texas Penal Code.

6.A license holder is responsible for complying with all applicable state and federal laws.

Clery Act

What is the Clery Act?

The Jeanne Clery Disclosure of Campus Policy and Campus Crime Statistics Act is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities throughout the United States to disclose information about crime on and around their respective campus.

Because the law is directly tied to participation in federal student financial aid programs, it applies to most institutions of higher education, both public and private. The act is enforced by the U.S. Department of Education.

By October 1 of each year, institutions must publish and distribute their Annual Campus Security Report to current and prospective students and employees. Institutions are also allowed to provide notice of the report, a URL if available, and how to obtain a paper copy if desired.

This report is required to provide crime statistics for the prior three years, policy statements regarding various safety and security measures, campus crime prevention program descriptions, and procedures to be followed in the investigation and prosecution of alleged sex offenses.

The "Clery Act" is named in memory of 19 year-old Lehigh University freshman Jeanne Ann Clery, who was raped and murdered on April 5, 1986 while asleep in her residence hall room.

Jeanne's parents, Connie and Howard discovered that students hadn't been told about 38 violent crimes on the Lehigh campus in the three years before Jeanne's murder. They joined with other campus crime victims and persuaded Congress to enact this law, which was originally known as the "Crime Awareness and Campus Security Act of 1990."

The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights. It was amended again in 1998 to expand the reporting requirements. The 1998 amendments also formally named the law in memory of Jeanne Clery.

The law was most recently amended in 2000 to require schools, beginning in 2003, to notify the campus community of where the public "Megan's Law" information regarding registered sex offenders on campus could be obtained.

For additional information regarding criminal offenses, crime prevention, or other concerns related to the Clery Act, please pick up a printed copy of the Campus Crime Report available in College Central or the Department of Police & Campus Safety, in the Academic Building, Suite 210.

VC Department of Police & Campus Safety

The men and women of the Victoria College Department of Police & Campus Safety would like to welcome you to our webpage. Each member of our department is dedicated to a professional, community-oriented approach to policing and campus safety. We recognize and value the importance of a safe and secure educational environment both on and off our campus. We will strive to provide an environment that fosters the opportunity and the freedom for our entire community to grow intellectually while in the pursuit of educational excellence. We hope you find the information contained on our webpage informative, and encourage you to visit this site regularly, as some of the information occasionally changes.

Our department is responsible for many aspects of campus security including crime prevention, law enforcement, subsequent investigation, emergency preparedness, asset protection, and building access control. Victoria College has been fortunate not to experience a significant number of serious criminal incidents. However, in an effort to provide the safest learning environment possible, Victoria College does employ both state-certified peace officers and civilian security personnel.

Victoria College police officers are commissioned peace officers as defined by the requirements of the Texas Commission on Law Enforcement Officers and Standards. Within our peace officer's primary jurisdiction, a peace officer commissioned under Texas Education Code Chapter 51 Sec. 203 is vested with all the powers, privileges, and immunities of peace officers. Victoria College police officers also have the authority to enforce all applicable local, state, and federal laws as well as College rules and regulations in all counties in which property is owned, leased, rented, or otherwise under the control of the institution of higher education.

Victoria College also employs uniformed campus security officers. Campus security officers take an active role in parking enforcement, building access control, escorts, and enforcement of college rules and regulations. Victoria College security officers do not have the authority to execute an arrest. However, they do have direct communication with campus police.

Mission, Values, & Goals

Mission Statement

Victoria College's Department Police & Campus Safety is dedicated to a professional, proactive, community-oriented approach to policing and campus safety. We recognize that our faculty, staff, students, and the community we serve are our most important assets. We are committed to the mission of Victoria College and will strive to provide highly visible, fair, and honest service. We believe in a safe and secure environment where our community has an equal opportunity for intellectual growth and a high-quality educational experience.

Value Statement

Honor- We will act responsibly; we will be accountable for our actions; we will fulfill our obligations; and we will hold others accountable for their actions. Our decisions will always remain ethical, legal, and moral.

Service- Our commitment to a proactive, fair, and professional approach to all those we serve; the knowledge and experience we will share to help ensure a positive difference is made in our community.

Courage- We will exercise an inner strength that will enable us to adhere to a higher standard of conduct; we will lead by example; and we will make tough decisions under pressure.

Commitment- Our unrelenting determination to achieve a standard of excellence in everything we do.

Goals Statement

Provide highly visible, proactive patrols on our campus to protect life and property.

Develop and maintain a comprehensive crime prevention program that meets the changing needs of our community.

Reduce the number of parking violations and parking citations issued through public education and proactive patrol measures.

Participate and contribute to the college campus and the many counties and communities we serve.

Increase the security presence at our satellite centers and meet with those directors monthly. Include and provide these sites with crime prevention strategies to reduce the potential of criminal offenses occurring at these locations.

Police & Campus Safety Links

Campus Police Authority

§ 51.203. CAMPUS PEACE OFFICERS.

(a) The governing boards of each state institution of higher education and public technical institute may employ and commission peace officers for the purpose of carrying out the provisions of this subchapter. The primary jurisdiction of a peace officer commissioned under this section includes all counties in which property is owned, leased, rented, or otherwise under the control of the institution of higher education or public technical institute that employs the peace officer.

(b) Within a peace officer's primary jurisdiction, a peace officer commissioned under this section:

is vested with all the powers, privileges, and immunities of peace officers;

may, in accordance with Chapter 14, Code of Criminal Procedure, arrest without a warrant any person who violates a law of the state; and

may enforce all traffic laws on streets and highways.

(c) Outside a peace officer's primary jurisdiction a peace officer commissioned under this section is vested with all the powers, privileges, and immunities of peace officers and may arrest any person who violates any law of the state if the peace officer:

is summoned by another law enforcement agency to provide assistance;

is assisting another law enforcement agency; or

is otherwise performing his duties as a peace officer for the institution of higher education or public technical institute that employs the peace officer.

(d) Any officer assigned to duty and commissioned shall take and file the oath required of peace officers.

(e) Any person commissioned under this Act must be a certified police officer under the requirements of the Texas Commission on Law Enforcement Officers and Standards.

Racial Profiling Policy

I. PURPOSE

The purpose of the policy is to reaffirm the commitment Victoria College Department of Police & Campus Safety to unbiased policing in all its encounters between officer and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of departmental policy and the law.

II. POLICY

It is the policy of this department to police in a proactive manner and to investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in racial profiling as defined by Texas Code of Criminal Procedure Chapter 2, Articles 2.132, 2.133 and 2.134. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Complaints alleging racial profiling may be filed with Victoria College's Department of Police & Campus Safety . The Department of Police & Campus Safety is located on the second floor of the Academic Building (Room 210), 2200 E. Red River Street, Victoria, TX 77901. The Police Department’s telephone number is (361) 582-2406.

Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned.

This policy shall not preclude officers from offering assistance in situations where it would be reasonable for any person to otherwise help when necessary. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person.

III. DEFINITIONS

Racial Profiling – A law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.

Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants, or other citizen contacts.

The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision. Race, ethnicity or national origin may be legitimate factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person’s activities simply because of that individual’s race, ethnicity or national origin are racial profiling.

Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect.

Race or Ethnicity – Of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American.

Pedestrian Stop – An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest.

Traffic Stop – When a peace officer stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic.

IV. TRAINING

Officers are responsible to adhere to all Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law.

All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.

The Chief of Police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling.

V. COMPLAINT INVESTIGATION

A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint.

B. Any employee who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person’s name, address and telephone number, and forward the complaint to the Chief of Police or the appropriate college administrator. Any employee contacted shall provide to that person a copy of a complaint form or the department process for filing a complaint. All employees will make a reasonable effort to report any allegation of racial profiling to their supervisor as soon as practical.

C. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable period of time. The investigation shall be reduced to writing and any reviewer’s comments or conclusions shall be filed with the Chief and/or the appropriate college administrator. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be filed with the Chief of Police, and/or appropriate college administrator.

D. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and may include termination.

E. If there is a departmental video or audio recording of the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and by request of the officer who is made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer.

VI. PUBLIC EDUCATION

This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are but not limited to the media, service or civic presentations, the Internet, posted public notice, as well as governing board meetings. Additionally, information may be made available as appropriate in languages other than English.

VII. CITATION DATA COLLECTION & REPORTING

An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation officers must include:

the violators race or ethnicity;

whether a search was conducted;

was the search consensual; and

arrest for this cited violation or any other violation.

By March 1 of each year, this department shall submit a report to our governing board that includes the information gathered by the citations. The report will include:

a breakdown of citations by race or ethnicity;

number of citations that resulted in a search;

number of searches that were consensual; and

number of citations that resulted in custodial arrest for this cited violation or any other

This information will reflect citations which were issued during the preceding calendar year.

An officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who self initiates a pedestrian stop for any suspected offense, shall record and report the following information:

A physical description of each person detained as a result of the stop, including:
a) The person’s gender;
b) The person’s race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability.

The street address or approximate location of the stop.

The suspected offense or the traffic law or ordinance alleged to have been violated.

Whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search.

Whether probable cause to search existed and, if so, the fact(s) supporting the existence of that probable cause.

Whether any contraband was discovered in the course of the search and, if so, the type of contraband discovered.

Whether the officer made an arrest as a result of the stop and/or search, and, if so, a statement of the offense charged.

Whether the officer issued a warning or a citation as a result of the stop and, if so, a statement of the offense charged.

This department shall compile and analyze the information contained in these individual reports. Not later than March 1 of each year, this department shall submit a report to our governing body containing the information compiled from the preceding calendar year in a manner they approve. This report will include:

A comparative analysis of the information contained in the individual reports in order to:
a) Determine the prevalence of racial profiling by officers in this department; and
b) Examine the disposition of traffic and pedestrian stops made by this department’s officers, including searches resulting from stops.

Information relating to each complaint filed with this department alleging racial profiling.

This report will not include identifying information about a peace officer who makes a stop or about an individual who is stopped or arrested by a peace officer.

(This policy is written in compliance with legislation required of an agency who does not have video recording devices, either audio or visual, installed in the departmental patrol vehicles.)

Sexual Assault

Victoria College is committed to providing a safe and secure campus environment. If you should become the victim of a sexual assault:

Report the Assault

It is your decision whether to report a sexual assault to law enforcement; however, consider that your report may prevent additional assaults on others. If you plan to file a police report, do so promptly and do not clean up the area or alter it in any way prior to police arrival. All information and reports of a sexual assault can be kept confidential to the extent allowed by law. In accordance with the Texas Code of Criminal Procedures, Article 57, victims may use a pseudonym to protect their identity. A pseudonym is a set of initials or fictitious name chosen by the victim, which will be used in all public files and records concerning the assault.

Get Medical Care

As soon as possible after the assault, DO get medical care from a hospital emergency room or your primary physician. DO NOT shower, douche or change clothes prior to your medical examination, as doing so could destroy or contaminate valuable evidence, making it not legally acceptable if collected at a later time. If you have already removed clothing worn at the time of the assault, place all items in a plastic bag and take them with you to the hospital. An examination by a specially trained sexual assault nurse examiner (SANE) will usually be performed. The SANE will attempt to collect information for the documentation of evidence should the case be prosecuted. The examination may also include testing and treatment to help prevent sexually transmitted diseases.

Sex Offenders

Registered Sex Offenders

Law enforcement authorities are required to inform colleges and universities when registered sex offenders indicate they plan to attend classes, live, work, or volunteer their services on a college or university campus. The law also requires that registered sex offenders personally contact and notify campus police authorities of their impending presence as well. Victoria College prepares and retains an Institution of Higher Education Sex Offender Notification Form (CR-35IHE) for all registered sex offenders that notify the Victoria College Department of Police & Campus Safety Department of their intent to attend classes at the college.

You will be taken to the DPS Records Page. Click on “Texas Public Sex Offender Registry.” On the next page, you will find a box listing several available search methods, with one being “Institute of Higher Education.” Click on the link. The next page has an area where the name of the particular institution of interest can be chosen from a drop down menu. (On that same page is also information explaining how the information on registered sex offenders may be used with certain caveats that are incumbent on the end user. If searching by a person’s name, there is a checkbox “I have read the Web Site caveats and agree to the terms.” This is not required to search by institution alone). If searching by name, on the next page you will be presented with a data entry screen where pertinent information on the person you are researching may be entered. If searching by institution, you will be able to view the names of registered sex offenders who, at the time of their release from prison or placement on probation, indicated during their required registration with law enforcement in the county of their residence that they either were enrolled in classes at the institution or intended to do so.

It should be noted that the Texas DPS online list is not updated except during registration, which occurs either quarterly or annually, and is based on the nature and severity of the crime. Registered sex offenders are required to report status changes such as health, employment, and education to their original agency within 7 days after the change. As such, there will always be some lag in information on the DPS website. Persons who desire accurate, timely information as to which registered sex offenders are attending Victoria College should contact the Victoria College Department of Police & Campus Safety Department directly.